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Township of Clinton, NJ
Hunterdon County
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Table of Contents
Table of Contents
[Added 9-12-2018 by Ord. No. 1122-18[1]]
[1]
Editor's Note: This ordinance also repealed former Art. XXIIB, AH-5 Affordable Housing District, adopted 5-9-2018 by Ord. No. 1114-18.
The purpose of this article is to establish regulations and standards controlling the development of land in specified areas of the Township with provisions for the development of low- and moderate-income housing units in accordance with the provisions set forth below and in accordance with the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq., and the regulations of the Council on Affordable Housing ("COAH") for the second round, set forth at N.J.A.C. 5:93.
Permitted principal uses are as follows:
A. 
Townhouses as permitted and regulated in the Schedule of Zoning Requirements, all of which shall be limited to occupancy by low- and moderate-income households in accordance with the rules and regulations of Section 42 of the Internal Revenue Code, 26 CFR § 1.42-1 et seq., and the New Jersey Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq. (collectively, the "Affordability Laws"), as may be applicable.
B. 
Multifamily dwellings as permitted and regulated in the Schedule of Zoning Requirements, all of which shall be limited to occupancy by low- and moderate-income households in accordance with the rules and regulations of Section 42 of the Internal Revenue Code, 26 CFR § 1.42-1 et seq., and the New Jersey Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq. (collectively, the "Affordability Laws"), as may be applicable.
Permitted accessory uses are as follows:
A. 
Private garages and surface parking areas.
B. 
Buildings for storage and maintenance equipment.
C. 
Off-street parking as hereinafter regulated.
D. 
Signs in accordance with the requirements of § 165-109.
E. 
Private recreation buildings and facilities, including ancillary indoor and outdoor private recreational amenities, primarily intended for use by residents of the development.
F. 
Community center/room serving the residents of the development.
G. 
Gazebos, pergolas and similar outdoor landscape structures.
H. 
Uses which are customarily incidental to the principal permitted uses in the zone, including, but not limited to, leasing, management and maintenance offices.
The following zone standards shall apply to development in the AH-5 Affordable Housing District. Deviations from the requirements of this section shall require a conditional use variance pursuant to N.J.S.A. 40:55D-70d(3).
A. 
Minimum density: 84 dwelling units.
B. 
Maximum density: 90 dwelling units.
C. 
Minimum tract area: five acres.
D. 
Minimum lot depth: 200 feet.
E. 
Minimum lot width: 400 feet.
F. 
Minimum building setback from the Route 31 right-of way: 450 feet. To the extent feasible, it is the intent of this requirement to preserve the north-south-oriented existing row of vegetation dividing the two main cleared areas at the southeast corner of Lot 4.03 to maintain the buffer for residents of the development and the rural character of the Route 31 corridor.
G. 
Minimum front yard setback: 15 feet as measured from the easterly lot line. Retaining walls, trash enclosures, basins, pump station, and lighting shall be permitted within the required front yard setback.
H. 
Minimum side yard setbacks: 15 feet as measured from the north and south lot lines. Retaining walls, trash enclosures, basins, pump station, and lighting shall be permitted within required side yard setbacks.
I. 
Minimum rear yard setback: 10 feet as measured from the westerly lot line. Retaining walls, trash enclosures, basins, pump station, and lighting shall be permitted within the required rear yard setback.
J. 
Minimum setback of unenclosed decks, patios, porches and similar design elements from the property line: 10 feet.
K. 
Minimum building setback from internal roads: 10 feet.
L. 
Minimum distance between building walls: 25 feet.
M. 
Minimum distance between building walls and parking areas: 10 feet.
N. 
Maximum building coverage: 25% of the gross tract area.
O. 
Maximum impervious coverage: 75% of the gross tract area.
P. 
Maximum building height. No building shall exceed a height of three stories or 40 feet.
Q. 
Accessory buildings. All accessory buildings shall comply with § 165-97, Accessory buildings and structures, except that gazebos and other garden furniture may be located no closer than 10 feet to tract boundary lines and may have a maximum height of 25 feet.
A. 
The AH-5 District is intended to accommodate the development of a one-hundred-percent-affordable project consisting of between 84 and 90 total units. The distribution of units shall include a minimum of 13% very-low-income units included in a minimum of 50% low-income units, and maximum of 50% moderate-income units. The development's bedroom mix shall consist of a minimum of 20% three-bedroom units, minimum of 30% two-bedroom units, and maximum of 20% one-bedroom units. Affordable housing requirements shall be implemented in accordance with the rules and regulations of Section 42 of the Internal Revenue Code, 26 CFR § 1.42-1 et seq., and the New Jersey Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq. (collectively, the "Affordability Laws"), as may be applicable.
B. 
Deviations from the requirements of this section shall require a conditional use variance pursuant to N.J.S.A. 40:55D-70d(3).
A. 
Off-street parking and loading. Parking and loading requirements of the AH-5 Zone shall comply with New Jersey Residential Site Improvement Standards ("RSIS"), N.J.A.C. 5:21, for townhouse and/or multifamily low- and moderate-income housing, as determined to be applicable. Where it is determined that, based upon anticipated occupancy a reduced parking ratio may be appropriate, the Township could consider a reduction in the number of required parking spaces. In no event shall there be less than 1.7 parking spaces per dwelling unit. All parking areas shall be adequately landscaped, screened and lighted.
B. 
Site access. Access to the tract shall be provided exclusively from Route 31 South limited to a single two-way driveway, with a median divided entrance to Route 31, which shall be located nearest the southeast corner of the Marookian tract, recognizing applicable setback and buffer requirements.
C. 
Minimum roadway setback. No internal driveway or roadway shall be located closer than 10 feet to tract boundaries, except where such roadways intersect with an existing street.
D. 
The requirements of this section are bulk requirements, and deviations from these requirements shall require a variance pursuant to N.J.S.A. 40:55D-70c.
A. 
The residential development intended for between 84 and 90 units shall be distributed in multiple buildings with consideration to form, mass, architectural features and design elements consistent with the Township's agricultural history, to be incorporated as follows:
(1) 
All buildings should relate harmoniously with other on-site features and buildings.
(2) 
Building materials and colors shall be consistent with the Township's agricultural heritage.
(3) 
Architectural features shall be used to create interest and variety and shall include staggered unit setbacks, changing rooflines and roof designs, and alterations in building height. No flat-roof structures are permitted.
(4) 
Large horizontal buildings shall be broken into segments having vertical orientation with alternating front and rear facade setbacks to generate the appearance of smaller individual buildings/units. No more than 30 feet of front or rear building wall is permitted without providing a break in the facade of an acceptable method of articulation.
(5) 
Buildings with expansive blank walls are discouraged.
(6) 
Buildings should be encouraged to incorporate elements that provide a visually attractive environment through the use of varied decorative and architectural features at entrances, cornices, windows and rooflines.
(7) 
Development with consideration of human scale should be encouraged through the use of strategically placed windows, doors, porches and columns.
(8) 
To the extent practicable, buildings shall be oriented to maximize daylighting and provide opportunities to maximize the potential of photovoltaic (solar array) equipment.
(9) 
Building construction shall utilize green building or sustainable building methods to the extent practicable and as the development budget allows. While this is consistent with the Township's longstanding tradition of environmental stewardship, it is recognized such strategies may also be utilized to reduce the operating and maintenance costs of low- and moderate-income households.
B. 
The standards and requirements set forth in this section are site plan requirements, and deviations from these standards and requirements shall require an exception pursuant to N.J.S.A. 40:55D-51.
A. 
Any development plan for the tract shall include a formal landscape plan signed and sealed by a landscape architect licensed in the State of New Jersey. Landscape requirements for the AH-5 Zone are as follows:
(1) 
Landscaping shall be provided to promote a desirable visual environment, accentuate building design, define entranceways, screen parking, building walls and equipment, mitigate adverse visual impacts, provide windbreaks for winter winds and shade for summer cooling.
(2) 
Plants and other landscape materials shall be selected in terms of both aesthetic and functional considerations consistent with the rural character of the district and its surroundings.
(3) 
The landscape design shall create visual diversity and contrast through variation in size, shape, texture and color.
(4) 
The selection of plants should be selected based on resistance to disease, insect, deer and other pest damage, wind and ice damage, habitat, soil conditions, growth rate, longevity, root pattern, maintenance requirements, and other pertinent factors.
(5) 
Site entrances and unique site areas should be accentuated with special landscaping treatments.
(6) 
The landscape plan shall include a variety of trees, shrubs, groundcover, grasses, annual and/or perennial beds and/or any other plant material, as determined to be appropriate in generating seasonal interest.
(7) 
Existing mature trees shall be preserved to the extent possible, particularly within the existing vegetated buffer between the tract area and Route 31 South.
(8) 
Screening shall provide a year-round visual buffer in order to minimize adverse impacts from the site on adjacent properties and public rights-of-way, particularly along the tract's easterly boundary closest to Route 31 South. Existing vegetation may provide sufficient screening where demonstrated by the developer, and/or supplemented where necessary.
(9) 
The main entrance road to the tract should include street trees on each side of the roadway, and such trees shall be of a different variety from those planted in the parking area.
(10) 
Rows of parking longer than 20 spaces shall have landscape islands at least six feet in width to break up the pavement.
(11) 
Landscaping within sight triangles shall not exceed a mature height of 30 inches. Shade trees shall be pruned up to an eight-foot branching height above grade.
(12) 
Tree spacing along roadways and parking areas should be a maximum of 40 feet, unless other vertical elements such as decorative lighting fixtures are installed between the trees, then a maximum spacing of 60 feet should be permitted.
(13) 
Trees along the parking areas and main entrance driveway should be planted in a formal arrangement, while informal planting may be provided along the tract boundaries, open spaces and other landscaped areas.
(14) 
Trees shall be installed with a minimum caliper of 2.5 to three inches.
(15) 
Areas not improved with buildings, structures, and other man-made improvements should be landscaped with a combination of plant material, street furniture or other design amenities as determined to be appropriate.
(16) 
Accessory structures and outdoor equipment, including trash enclosures and air-conditioning units, shall be appropriately screened with permanent fencing and/or landscape plants.
B. 
The standards and requirements set forth in this section are site plan requirements, and deviations from these standards and requirements shall require an exception pursuant to N.J.S.A. 40:55D-51.
Active and passive recreational amenities are required, including a playground and central green open space as well as other outdoor recreation opportunities. The requirement to provide active and passive recreational amenities is a condition of the uses permitted in the AH-5 District, and deviations from this requirement shall require a conditional use variance pursuant to N.J.S.A. 40:55D-70d(3).